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Hayes v. Byington

2 A.D.3d 1468 Court N.Y. App. Div. Decision date 2003-12-31 Docket Appeal No. 1 English

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p. 1468
David Hayes et al., Appellants, v Douglas Byington et al., Respondents.
(Appeal No. 1.)
[769 NYS2d 765]

— Appeal from an order of Supreme Court, Ontario County (Doran, J.), entered October 7, 2002, which denied plaintiffs’ motion to set aside part of a verdict and for a new trial on damages only.

It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs (see Smith v Catholic Med. Ctr. of Brooklyn & Queens, 155 AD2d 435 [1989]; see also CPLR 5501 [a] [1], [2]). Present—Pigott, Jr., P.J., Wisner, Kehoe, Lawton and Hayes, JJ.

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